ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Coworkers want to MOVE TO THE UK. What are our OPTIONS?

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
IdontKNOW
Newly Registered
Posts: 3
Joined: Fri Sep 06, 2013 8:46 pm

Coworkers want to MOVE TO THE UK. What are our OPTIONS?

Post by IdontKNOW » Fri Sep 06, 2013 9:08 pm

This is the situation:

We've been making a piece of computer software. We're a group of people from all around the world. Most are from the USA but the boss is from the UK and several other people from various places in the EU.

We did a preorder and are making good money. The business so far is a success. We REALLY want to move to the UK so we can all work together and finish up the product asap. We visited each other briefly and loved it. Then we all went home... :(


So here's the issue. Apparently it's tough as heck for USA people to move to the UK and work legally.
First off we're contractors. We don't get a regular income but instead a % of the profits. Also the % of the profits is paid by the DISTRIBUTORS and not by the company we're contracted to as freelancers. So even though the company is based in the UK I get paid by distributors in the USA and make dollars and not pounds.

Now this seems to work against us when it comes to a work visa. Apparently we NEED a regular income of rougly around 20k pounds minimum. Again, we don't have a regular income. The company that contracts us doesn't pay us directly. However the amount I've made in the past few months has WELL EXCEEDED that amount. I'm pretty well off at the moment. But again, it doesn't seem that a % counts... and the boss would have to pay us each a real sallary on top of our contracted % so we could be eligible.

Now the company we work for (but aren't directly paid by) is new. It doesn't have unlimited resources. It probably can't afford to take us all there and pay us each the minimum (since there's several of us).
We're all confident in our product and would love to move over there and pay ourselves. I don't NEED a regular income from the company when I get this % that goes well beyond it (weelll beyond it). I'd love to spend my own $$$ and live over there and work with my coworkers. But again, I'm not sure that would be legal or count towards helping me get a work visa.



Are there any options that are easier than having the company try to get a license, pay for all of us and try to get us over there? The problem is that's hugely time consuming and we're on a timetable.
We're all pretty well off now because of this business venture. But since we don't get paid directly by the UK company and instead are contracted to a % from the distributors our income doesn't seem to "count" since it's foreign.

The UE people would have no problem moving over there but all us USA people seem screwed (which is very odd to me...).




Again...
-We're contractors (freelancers) for a UK company.
-The UK company doesn't pay us directly but instead we get our % of the profit from the distributors directly.
-Us USA people want to move over there and set up and office... but the Tiered Visas seem to take a lot of time and cost a lot for the company. (what's the time frame from getting a license to actually having people move there?)
-We seem to be stuck in a technicality. Even though we make much more than enough since we're not paid in a fasion they seem to like I'm not sure it counts towards the income the company we work for would be required to pay us to get us to move there, and we also don't seem to count as employees.


We all REALLY want this. But it seems out of reach besides just going on a visiting visa and working anyways (which I will not do).


Do we have options? I heard that you could work over there on a visitors visa if you get paid by a foreign (USA, etc) company. That sounds fishy to me.
If we were to go over there, work together on our software on the internet (it's not physical but a program), get paid by the USA distributor, would that be legal? I assume not.

Could we have a third party company hire us as employees to work for this other UK company and get paid by the USA distributor our %? (just trying to think of legal loopholes :P)

Do we have any options besides the long drawn out, probably too late to do "Tier 2" or whatever?



The situation kind of sucks. I -want- to live in the UK. Heck, I'd love to eventually stay there for 5 years and do that "stay here as long as you'd like" thing... I want to work with my coworkers. So do they. I want to pay my taxes over there and spend my new found wealth over there... but alas that seems impossible unless I -just- go on vacation.

And I considered the investor way but even though I'm doing well I'm not doing 500k pounds and create 10 jobs in the UK well. I mean I have plenty of money in the bank but... not that much ;p.





Any help?

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Sat Sep 07, 2013 3:11 pm

The UE people would have no problem moving over there but all us USA people seem screwed (which is very odd to me...).
Not odd at all because British people who are citizens of a country that is part of the EU can move and work in other EU countries, but are subject to the US's strict immigration rules that also don't really make it easy for people to move to the US to spend their ££ that they are paid by a distributor to do work on behalf of a business that contracts but does not employ them.

When the US joins the EU and all half a billion EU Citizens have the right to live and work in the US then all US citizens can have the right to free movement in the EU.

The other way is to come for meetings on a business visit.

You cannot work in the UK on a visit visa.

If the company isn't willing to employ you then you cannot be sponsored as an employee. The expected salary would almost certainly be much more than £20k because the minimum is also dependent on the role.

The other route to look at is GATS, look from page 19

http://www.ukba.homeoffice.gov.uk/sitec ... uidan1.pdf

IdontKNOW
Newly Registered
Posts: 3
Joined: Fri Sep 06, 2013 8:46 pm

Post by IdontKNOW » Mon Sep 23, 2013 11:11 pm

What if I did this:

I simply stopped getting paid. I can afford it. Payments can resume when I get employed non-freelance style.

Can I go over there and do voluntary non-paid work? I'm not taking a job away from an EU person or anything. I wouldn't be making money. I'd still be entitled to a share but I'd just not accept it for a few months. I wouldn't be an employee but some guy doing some stuff for nothing. :P

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Tue Sep 24, 2013 12:57 am

No, because work of any sort is not allowed, including volunteering, unpaid work, work for food and board, work but paid in a non GBP account, work of any sort. This also includes providing services.

This isn't really a :lol: matter. Working illegally in the UK is a crime, lying to an immigration officer is a crime. A real, get convicted, get sentenced, go to prison crime. If your UK boss gets involved in anything dodgy facilitating illegal immigration has a maximum 14 year prison sentence.

Look at business visits.

IdontKNOW
Newly Registered
Posts: 3
Joined: Fri Sep 06, 2013 8:46 pm

Post by IdontKNOW » Tue Sep 24, 2013 5:57 am

"representing a computer software company by coming to install, debug or enhance their products. You may also come here as a business visitor to be briefed about a UK customer's requirements - but if you use your expertise to make a detailed assessment of a potential customer's requirements, we will regard this as consultancy work, for which you will need a visa under the points-based system."

I kind of enhance a software product.
Specifically I work on adding certain types of assets and design stuff like the user interface. That... sounds like it could work. I have no idea.

Representing a computer software company to help continue to enhance and build as of yet unreleased but functional software.

Locked